Principles And Objectives Of The Legal Regime Governing Areas Beyond National Jurisdiction

10.1163/ej.9789004170971.i-252.9

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Chapter Summary

The 1970 Declaration of Principles Governing the Seabed and the Ocean Floor, and the Subsoil thereof, beyond the Limits of National Jurisdiction, makes a distinction between a 'regime' and a 'machinery'. The focus on areas beyond national jurisdiction (ABNJ) is due to the reluctance of States to engage in discussions that might envisage some limits to their jurisdiction as coastal States. For the governance in ABNJ, two regimes concerning areas beyond the limits of national jurisdiction already exist. They are the regime of the seabed and subsoil beyond national jurisdiction (the Area) as defined in Article 1(1) of the LOS Convention and the regime concerning straddling and highly migratory fish stocks set out in the Fish stocks Agreement. Current discussions relating to governance of ABNJ concern two different, albeit interconnected, subjects: a regime for genetic resources beyond the limits of jurisdiction, and the idea of a general regime for ABNJ.